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GLOBAL INFORMATION INFRASTRUCTURE (GII)
EUROBIT- ITI - JEIDA
Gll Tripartite Preparatory
Meeting in Brussels
on January 26/27, 1995
See also : Press release
EUROBIT, ITI and JEIDA present this document to assist preparation
of the G-7 summit on the Global Information Society.
The three associations recommend that for the GII to be successfully
developed, governments and the private sector should work together and follow
the recommendations in the following six areas:
Brussels, 27 January 1995
European Association of Manufacturers of Business Machines and Information
Technology Industry (EUROBIT)
Information Technology Industry Council (ITI)
Japan Electronic Industry Development Association (JEIDA)
INTRODUCTION
The creation of a Global Information Infrastructure (GII) will transform our
world into a Global Information Society. Throughout Europe, Japan, the United
States and the other areas of the world, including the developing countries, as
the GII continues to evolve there will be increased jobs, productivity and
competitiveness. As information technology becomes ever more widely available
and accessible, a better standard of living will be realized.
The information technology (IT) industry believes that the private sector - the
providers of the information technology products and services - will drive the
development of the GII. The IT industry also believes that governments around
the world can most effectively advance this development by primarily working
toward increasing access to markets for critical GII products and services.
The IT industry fully supports GII policies that adhere to the following
principles: private sector leadership driven by competition; global
interoperability; privacy and data security; achievable international access;
intellectual property rights protection: international cooperation in research
and development (R&D) and in new applications and open access to
government-funded R&D programs; removal of barriers to trade and
investment; and support for GII projects in developing countries.
Global policies guided by these principles will stimulate competition and
investment, and ultimately provide a wide variety of products and services to
users of the information infrastructure world-wide.
The Global Information Infrastructure (GII) is more than a complex network of
networks, connecting national information infrastructure and other regional and
international networks; it is a structure integrating six elements:
- the communications infrastructure (telephone, cable and wireless systems,
etc.;
- the computers and appliances that process information, and allow people to
physically interface with it;
- the software and applications that enable people to use information;
- content or information (whether audio, video, text, images);
- the people and companies who develop, manufacture, sell and service the
networks; and
- the people and organizations who will make use of the GII.
Because the
GII will encompass more than the traditional telecommunications (or transport)
element of the infrastructure, the public policy agenda will be much broader
than the traditional telecommunications agenda that governments historically
have pursued. New issues of trade, investment and technology for the computer,
software and semiconductor industries must be addressed.
The private sector and the competitive marketplace must be the driving force
for the implementation for GII. Additionally, governments should encourage the
use of the GII through the adoption of legislative and procedural requirements
appropriate to the age of the information society. Support should be given for
GII in developing countries.
The critical public policy objective of fostering an open, competitive
marketplace at all levels (national, regional and international) is the
conditio sine qua non of its success. Above all else, what governments can do
to advance GII is to work toward increasing open access to all global
markets.
The IT industry believes that this objective can be met, and the GII
successfully developed, if governments and the private sector adhere to the
recommendations on the following six major issues:
- Interoperability
- Privacy and Trust in an Information Society
- Intellectual Property Rights
- Universal Access
- Access to R&D and New Applications
- Market Access
The IT industry is prepared to lead the private sector
international efforts and work with public policy makers within their
respective member countries to further these principles and goals in a timely
and efficient manner.
1.1 A Primary GII Goal
The Global Information Infrastructure (GII) consists of a wide range of
components, including communications capabilities, computers and other
information equipments, software and applications, information resources or
content and the people who will develop and make use of the GII.
Interoperability allows diverse systems, products and services by different
vendors to communicate with each other, facilitating access and ease of use.
Simply stated, interoperability is the ability of different systems, products
and services to work together.
Interoperability will promote competitive markets for GII systems, products and
services and stimulate innovation and responsiveness to the marketplace,
resulting in increased customer choice, lower prices, and accessibility for all
individuals and institutions.
The key to interoperability is the development and implementation of open
interfaces. An interface is open if its specifications are readily and
non-discriminatorily available to all vendors, service providers, and users,
and if such specifications are revised only with timely notice and public
process. Interface specifications provide the information and technical
parameters for how systems, products and services communicate with each other,
but should be limited to that information necessary to achieve
interoperability, allowing suppliers to develop different implementations with
distinguishing characteristics.
Thousands of interfaces, both open and closed, exist in today's Information
Infrastructure. However, a much smaller set of these interfaces, located at key
"high leverage" points, is critical to establish the future GII. These critical
interfaces enable and catalyze the development of new systems, products and
services built and operated by multiple, competing providers and users.
Conversely, closed critical interfaces can also hinder competition, growth, and
open access. Interfaces critical to the interoperability of the GII must be
open, thereby allowing manufacturers and vendors to provide equipment and
software to meet the interface specifications.
1.2 Standards: The key to open interfaces
Implementing interoperability via open critical interfaces hinges on the
existing industry-led, voluntary, market-driven standards process. Formal
standards include those that are recognized by a national or international
standards body and are formulated in open, consensus-based processes where all
interested parties have an opportunity to participate. International standards
organizations have already developed a substantial number of the standards
necessary for the GII and more are under development.
Other standards may also evolve from industry alliances, coalitions, and
consortia whose specifications meet the requirements of openness. Thus, formal
standards and other standards may compete in the marketplace for acceptance.
Competition in the marketplace among all standards is a positive force for the
GII and should be welcomed with the understanding that the other standards
should eventually be formally recognized. Consortia should be strongly
encouraged to cooper ate with international standards organizations to
transpose their specifications into international standards.
Competitive forces allow customers to choose between multiple suppliers,
providing a clear and strong incentive for suppliers to define open interfaces
and to use voluntary consensus standards. Interface standards must be developed
in a manner which leaves room for competition and innovation in the
marketplace. In today's global economy, internationally recognized standards
are of paramount importance. Furthermore, international standards, whether
developed by formal standards bodies or industry alliances, ultimately offer
greater compatibility and economic benefits by reducing barriers to trade,
lowering product development costs, and improving the global economy.
Addressing the full range of international standards required by the GII
assumes the participation of all nations in international bodies such as the
International Telecommunications Union (ITU), the International Organization
for Standardization (ISO), the International Electrotechnical Commission (IEC)
and the Joint Technical Committee 1 (JTC--1)[1]. All of these bodies must be
an integral part of the process to help ensure that standards for critical GII
interfaces are adopted on a global level. Standards mandated by any one
national or regional government are untenable in today's international
marketplace.
Interoperability in the GII will depend on systems, products and services
working together by leveraging the power of international standards. The
marketplace will in fact demand that systems, products and services work
together by adhering to international standards. As a result of these
competitive forces, Supplier's Declarations should be an accepted means for
suppliers to declare conformance to standards and inter operability if they are
based on internationally agreed criteria. In addition, standards organizations
should be encouraged to address aspects of interoperability within the
standards development processes. Any conformity or interoperability testing
should be voluntary and market driven.
Acceptable private-sector-led voluntary consensus standards development
processes must provide for non-discriminatory access to standard interface
specifications. When a proprietary technology is incorporated into a standard,
the developer must voluntarily agree to license the technology on reasonable
terms and conditions, demonstrably free of discrimination.
1.3 Government roles
Any government action that would override the existing voluntary consensus
process could easily lead to adoption of technology with little or lagging
market demand. Furthermore, this inappropriate government role would eventually
lead to the removal of incentives for innovation and invention, freezing the
private sector as it waits for government decisions on what technologies would
be adopted as standards.
While the development of standards should be both led by and implemented by
industry, governments should play a role in supporting such activities. We
believe that governments' role should be to:
- Advocate the importance and advantage of interoperable systems, products
and services in the GII, based on the existing private sector-led, voluntary
consensus international standards process.
- Participate in the private sector-led standards processes as a user of
information technology, and use such inter face standards and specifications in
government procurements.
- Recognize the importance of test beds in advancing GII interoperability and
promote establishment of such environments through industry-led
proj~cts.
1.4 Recommendations
As a key principle to the evolution of the Global Information Infrastructure,
interoperability will allow all GII components to work together.
Interoperability will be accomplished via the development of industry-led
voluntary standards at critical interface locations. To achieve this result,
both the private sector and government have important roles:
- The private sector should continue to lead and develop international
standards and encourage more rapid agreement on the industry identified most
critical interface standards
- The private sector involvement in standard-oriented consortia should be
supported but encouraged to formally link their outputs and recommendations to
the formal international standards bodies
- Both private sector and governments must continue to sup port innovation,
the driver of the GII evolution, by supporting the inclusion of proprietary
technology in standards, subject to developer's voluntary licensing on
reasonable terms and conditions, demonstrably free of discrimination
- Governments have an important role to play in interoperability of the GII
by:
- Being an advocate for the importance and advantages of interoperability
- Participating in private-sector led standards processes as a user
- Using open international standards and specifications in government
procurements
- Recognizing the importance of test beds in advancing GII
interoperability
The extraordinary benefits of the information revolution will not be fully
realised unless there are well-enforced rules on privacy and a basis of trust
for business relationships.
Without well-enforced privacy rules, the Information Society could be perceived
as threatening and intrusive, denying a basic human requirement. Business must
also have confidence that its commercial assets and communications cannot be
unreasonably threatened or compromised.
For the Global Information Infrastructure to develop success fully while
providing privacy and trust, we urge government action in four areas:
- Protection of personal data
- Enabling of electronic commerce
- Trustworthiness and effectiveness of security countermeasures
- Availability of cryptographic technology
2.1 Protection of personal data
Information technology, networking, and the proliferation of computers have
encouraged the extensive gathering and dissemination of information, including
personal information, through sophisticated data collection techniques,
corporate outsourcing of data processing, and the establishment of information
service providers and clearing-houses.
In the mid-1970's, lawmakers in some countries recognized that information
technology could lead to invasions of privacy and that this should not be
regarded as simply a national concern. They realized that the economic and
social relationship of many countries were closer than before, and that the
emergence of a global market led to an increased movement of information across
borders. Since information is often of a personal nature, and based on the
premise that the needs of the market should not undermine the legal protection
of citizens, it was deemed necessary to regulate the use of personal data
through domestic legislation and the adoption of voluntary codes based upon
guidelines prepared by the Organization for Economic Cooperation and
Development (OECD). The data protection laws of some countries prohibit or
restrict the transmission of personal information to other countries.
Provided the necessary safeguards are in place, however, restrictions in the
name of privacy must not be allowed to prevent legitimate business to be
conducted electronically domestically or across borders.
Because of the global nature of the information infrastructure, the problem is
clearly world-wide. Since different countries have taken different approaches,
there is a strong need for harmonisation.
The OECD guidelines governing the protection of privacy and transborder flows
of personal data have wide support and should form the basis for such
harmonisation.
2.2 Enabling of electronic commerce
The Global Information Infrastructure will have many uses, including electronic
commerce, electronic government, distance learning and healthcare networks. All
require an environment of privacy and trust. To enable electronic commerce
based on privacy and trust, certain legal issues need to be addressed.
Businesses are increasingly using electronic messaging, networked computers,
and information systems for conducting business that was once transacted solely
on paper or by telephone. Electronic commerce is rapid and accurate and can
reduce the cost of doing business. Electronic mail and standardized electronic
business forms are transforming the way that business is transacted, and
causing firms to restructure operations.
In the Global Information Infrastructure, data and information will flow freely
among international trading partners as electronic commerce displaces the
traditional forms of business transaction.
While electronic computer messaging technology allows many business
transactions to be handled in a paperless fashion, the law of contract and
commerce is still based on a paper system paradigm. As a result, businesses
confront new legal issues as they implement electronic trading systems. Among
these are questions regarding contract writing requirements, legally binding
signatures, and-the use of electronic communications as evidence of a
contract.
For the Global Information Infrastructure to be used for commercial purposes,
electronic transactions must be legally recognized as valid. The requirements
that must be dealt with are:
- Proof of the identity of the originator of a transaction;
- Proof of the right of the originator to commit to the transaction;
- Proof that the transaction content is received as sent, and has been
received by the intended addressee;
- Resolution of disputes between trading partners, when necessary;
- Assurance that the transaction is well-formed and
- Prevention of disclosure of the transaction to unauthorized
persons.
2.3 Trustworthiness and effectiveness of security countermeasures
Network users all over the world will increasingly require appropriate security
measures especially in order to trust the future GII environment.
In order to combat the problems of hackers and computer viruses, international
efforts should be made for establishing framework of information exchange and
co-ordinated measures.
2.4 Availability of cryptographic technology
We want governments to recognise that their explicit support for the Global
Information Infrastructure necessarily entails implicit support for the general
use-of cryptographic technology. Without pervasive cryptographic technology
there can be no basis for privacy or trust, and the main benefits of the new
industrial revolution cannot be realised. If the Information Society is to
develop, public policy must reflect the fact that this technology will be used
everywhere. Cryptography is essential both to the confidentiality of
information and to information integrity, including proof of correctness and
electronic signatures.
The issue for governments is that modern encryption technology is effectively
uncrackable. There is a genuine need for law enforcement agencies, legally and
under warrant, to be able to intercept communications. Defence intelligence
also depends on an ability to read enemy signals. If interception yields only
incomprehensible encrypted data, there is a real impact on governments' ability
to fight crime and to defend citizens. For that reason, national governments
subject encryption technology to strict controls. Most nations control export
of such technology. Some countries control import and use as well. We are
concerned that, far from the controls being relaxed, current trends are towards
tightening them up. If that is the case, then the new industrial revolution
will not deliver its promised benefits. While some cryptographic tools are
readily available to virtually any individual or enterprise that wants them,
legal restrictions on the export, import and use of such tools will impact only
lawabiding users.
We do of course recognise the legitimate needs of ~ national authorities to
enforce the rule of law, and to maintain national security, but individuals and
businesses have needs too - the need for privacy, and the need to operate on a
basis of trust - and unless those needs are met the Information Society may not
happen.
We believe that cryptographic mechanisms for use by public services (for
purposes other than defence and diplomacy), individuals, small and medium-sized
enterprises and multi-national corporations must:
- Be based on the needs of users and providers as deter mined by the open
market;
- Provide a level of privacy and trust sufficient to protect unclassified
information;
- Be published and unclassified, so that their effectiveness can be open to
public scrutiny; and
- If patented, be available under fair and reasonable conditions on a
non-discriminatory basis.
2.5 Recommendations
Regarding the protection of personal data:
- that the OECD guidelines governing the protection of privacy and
transborder flows of personal data be used as a common world-wide basis for
private and government codes of conduct on personal data protection in the
Global Information Infrastructure.
Regarding the enabling of electronic
commerce:
- that world-wide agreement be reached on the legal aspects of electronic
transactions in the Global Information Infrastructure, and on the use of
electronic signatures for the resolution of disputes.
Regarding the
trustworthiness and security countermeasures, that suppliers and users,
including governments, must agree on:
- Cost-effective methods for establishing the trust worthiness of products
and systems and the effectiveness of security countermeasures;
- Security guidelines for the design and operation of secure systems; and
- The establishment of a global system of information exchange about security
problems and countermeasures.
Regarding the availability of cryptographic
technology:
- That governments, industry and users must agree on the cryptographic
techniques to be used in the Global Information Infrastructure and on a
procedure for verifying that products conform to the techniques so agreed;
- That the agreed techniques and the agreed verification procedures must be
made public;
- That the agreed techniques must be based on private sector led, voluntary
consensus international standards;
- That products implementing the agreed techniques should not be subject to
import controls, restrictions on use within the law, or restrictive licensing;
- That products implementing the agreed techniques should be exportable to
all countries, except those which are subject to UN embargo; and
- That users and suppliers of products implementing the agreed techniques
should be free to make technical and economic choices about modes of
implementation and operation, including a choice between implementation in
hardware or software where relevant.
The GII (Global Information Infrastructure) presents vast potential benefits to
society on a global basis, but, before such benefits can be realized, a number
of issues in a variety of fields must successfully be resolved.
Most importantly, adequate protection of intellectual property rights is
indispensable to foster the widespread use of the GII which will in turn
engender further expansion of the network. The existing international property
law regime, con firmed by the GATT TRIPS Agreement, can well serve the needs of
the GII. Given the substantial progress made in recent years in achieving an
international consensus concerning the scope and enforcement of intellectual
property rights as witnessed by the GATT TRIPS Agreement, we strongly encourage
individual Governments to seek through multilateral negotiations further
harmonization of the protection of intellectual property rights in order to
realize the full potential of the GII.
To ensure the success of the GII, the following issues in the field of
intellectual property rights should be addressed:
- Adequate Protection of Intellectual Property Rights
- Appropriate Balancing of the Rights and Interests Among Participants in the
GII
- Global Harmonization
3.1 Adequate Protection of Intellectual Property Rights
The establishment of the information infrastructure will facilitate increases
creation and distribution through the network of protected content (for
instance, works expressed through the utilization of varied media such as
music, still pictures, motion pictures, etc.).
It also is anticipated that new methods for utilizing content will arise as the
users access and process content obtained through the information
infrastructure. Such an environment raises concerns for the owners of
intellectual property rights over the use of content in ways that are
unauthorized or not anticipated under the current law.
To promote the authorized distribution of content through the GII, it is
critical to ensure the protection of copyrights by way of, for example,
preventing piracy. Exclusive rights of the copyright holder have to be fully
respected to allow the marketplace to develop any legal licensing system which
may-be appropriate for the GII. They should not be replaced by any
non-voluntary or statutory licensing system. The following describes suggested
themes in this area for further study:
- Responding to New Forms of Use under Copyright Law
The large growth of
network distribution, in addition to distribution of material copies of
content, will result in a transformation in the types of uses of copyrighted
works. Therefore, it is appropriate for the exclusive rights granted to the
copyright holder under the existing copyright law for each country to be
reviewed to deter mine whether current law provides adequate protection in this
new environment. For example, the right to reproduce and rights to distribute,
transmit, broadcast and display to the public will have to be examined in order
to protect content adequately. The issue of moral rights also will need to be
examined in connection with the increased possibilities for transformation by
the user.
- Policy for Ensuring the Effectiveness of Copyright
Various measures
should be pursued to decrease the possibility of unauthorized reproduction,
transformation or distribution of content.
Following are issues to be
studied: the proper scope of regulations to prevent the manufacture or
distribution of devices designed to circumvent copyright protection mechanisms;
voluntary copyright management information (CMI) mechanisms to facilitate the
identification of the copyright holder to support licensing transactions,
options for administration of such information and the establishment of
voluntary clearance centers linked to each other and appropriate measures
against unauthorized transformation and deletion of copyright management
information.
- Importation of Copyrighted Works
The GII will result in easier
cross-border distribution of content. It is necessary to examine the
appropriate measures to be taken against cross-border distribution of
unauthorized copies. It may be appropriate to study, noting that cross-border
distribution through the GII is technically much more difficult to monitor than
with material copies, whether a right to import should be clarified or
created.
3.2 Appropriate Balancing of the Rights and Interests among Participants in the
GII
To construct the information infrastructure and to expand and enhance its use,
interoperability among all elements of the GII, including the content,
services, networks, programs and equipment, must be ensured. An environment
must be created that will enable the user to achieve his objective or intended
function through any of a multitude of vendor's content, services, networks,
programs and equipment. Careful consideration must be given to the rights and
interests of all participants in the GII.
The further evolution of the information infrastructure will increase the
environments where users can easily access and use vast amounts of varied
content in new and valuable ways. Ensuring that users can take full advantage
of such potential will contribute greatly to facilitating the use and
development of the GII while supporting the existing intellectual property
rights. Therefore, careful consideration must be given to enabling such
conveniences for users while not prejudicing the rights of the owners of
intellectual property rights in the content.
3.3 Global Harmonization
As the GII is highly international, its full potential cannot be realized
without global harmonization of legal rules. In the course of achieving
international interoperability of the information infrastructure and
establishing a system of global distribution of its content, harmonization of
the framework of intellectual property rights protection under the
international treaties at an international level is above all the most
critical.
In resolving the above issues, including effective enforcement, all proposals
must take into careful consideration the need for international harmonization,
while also recognizing the differences in the legal system of individual
nations. This should be accomplished in close cooperation with the business
community.
Individual nations are encouraged to promote global harmonization in resolving
the remaining intellectual property issues. Such efforts are best made in the
context of multilateral negotiations, through WIPO, as an example. Achievement
of global harmonization requires the developed countries to assist developing
nations in their effort to establish their intellectual property rights systems.
3.4 Recommendations
- Ensure that content providers will be encouraged to make full use of the
GII by fully implementing GATT TRIPS.
- Ensure the expansion, enhanced growth and use of the GII by enabling
interoperability and convenience for users while respecting the rights and
interests of all participants in the GII.
- Promote global harmonization in resolving any remaining intellectual
property issues in the context of multilateral negotiations.
Universal access refers to the opportunity for anyone who wishes to access, and
is willing to pay for, the service to utilize the GII to obtain and/or provide
a defined range of services. This definition is a more complex concept than the
universal services objective established for basic telephony service decades
ago. Universal access depends in large part on the widespread availability of
interoperable networks offering basic information and telecommunications
transmission services .
4.1 Objective
As a matter of public policy, the objectives of universal access include:
allowing everyone to benefit from advances in communication and information
technology; improving job and educational opportunities for all; and benefiting
the development and production of goods and services for more efficient
economic processes. Meeting the objective of universal access makes the
emerging GII truly useful to the largest possible number of individuals,
businesses and public institutions.
4.2 Basic Requirements
Greatly diversified services and applications will be accessible via the GII,
including products and services which are beyond our imagination at present.
The best way to ensure that markets drive widespread opportunities to use the
GII is to remove unnecessary regulatory and legal barriers, to liberalize
telecommunications markets by abolishing special and exclusive rights, and to
otherwise encourage competition and open access to communications networks. As
national information infrastructures and the GII evolve, markets and private
investment will work to best ensure universal access to the networks and
information resources people will need.
Only as new GII services are widely adopted should policy makers consider
whether the marketplace has not achieved the goal of enabling all users to
obtain essential GII services. It is premature today to identify any particular
service beyond access to basic telecommunications networks, as a service that
should be universally available.
Competition and open markets, combined with open access to communications
networks, will provide the greatest assurance that the needs of most people to
access information and communicate with others can be met via access to the GII
in their homes, at work and in their communities. To the extent, however, that
the marketplace fails to provide the desired results, new ways will have to be
found to supplement and augment the market. Old ways of paying for subsidies
simply will not work in the emerging era of competition and market-based
pricing for services. If subsidies are required in the future, they should be
paid for out of general government revenues and provided to the users who need
assistance in securing access, rather than by payments to the access providers.
At the very least, subsidies must be provided in an open and transparent
process, in ways that do not distort the competitive markets in
telecommunications services.
Access to the GII by people with disabilities is important to achieving the
overall goals of universal access. Access for people with special needs is
constantly improving, spurred by improvements in the technological capabilities
of available equipment and software. Public funds can play an important role in
stimulating investment in research and development of further improvements in
access to the GII by the disabled community.
Directory information services may also be important in realizing the goals of
universal access. Indeed, the extensive array of anticipated services suggests
that directory information will be very important to be able to find the
services offered. It is anticipated that the market will demand a wide array of
directory services, and it is imperative that the marketplace be given a chance
to respond to those demands without government mandate.
4.3 Recommendations
Universal service should be provided by private enterprises in a competitive
marketplace. Government policy makers have an important role to play by
encouraging the development of widely available interoperable networks and, if
necessary, supplementing market results with assistance to users who would
otherwise have limited access. Specifically, governments should implement the
following recommendations:
- With regard to telecommunications liberalization:
- Give priority to competition in services throughout the telecommunications
sector;
- Abolish special and exclusive rights in telecommunications markets; and
- Establish appropriate regulatory safeguards during the transition to full
competition.
- Avoid premature designations of new "Universal Services"
- Wait for the marketplace to develop and consider technical and economic
feasibility before determining any new universal services obligations.
- Competitive markets should be given a chance to work. Recognize that
universal service obligations can be met without eliminating competition.
- If it is necessary to provide subsidies, they should be given to users, not
service providers; subsidies should be funded only in ways explicitly intended
to avoid distorting the market.
- Encourage frequent and extensive consultation and international cooperation
among the wide range of users, service providers, governments and others who
will have their own important roles to play in realizing universal access
objectives.
Substantial investment in R&D will be required for any project relating to
the construction and implementation of an advanced information
infrastructure.
Today, Information and Communications Technology research work is conducted
along the entire value-added chain, with a special focus on solutions, which
have a high inovation content in terms of the services they offer, the user
needs .hey address and the technological tools they adopt.
Therefore, a broader vision of R&D is necessary and the focus must be moved
further down the business cycle to the phases and projects directly involved
with the user, including applications. It is the innovative application of
technology, rather than the technology itself, that creates new markets and new
jobs.
5.1 The need for technology cooperation
The pace and complexity of technological progress requires that cooperation in
this area should not be inhibited by government policy.
No single company in the world today is in a position to provide the full range
of technologies and applications which private and public sector will need to
operate efficiently in the new scenario. In many areas, it will be difficult -
if not impossible - to advance technologies without the know-how of other
companies regardless of nationality.
Today's technology is not limited to national boundaries; knowledge is spread
across the world. R&D projects artificially limited to national boundaries
tend to be constrictive and unrealistic.
The private sector should not be prevented by government policy from developing
privately financed, multi-national consortia to develop the new technologies
and applications for the Information Age. International R&D cooperation
should be enhanced whether it comes from private initiatives or from government
funded R&D programmes.
5.2 Access to government funded R&D and application development
programmes
Access to government funded R&D and application development programmes
should be open to all entities contributing to the general economic benefit of
the funding country or international organisation.
The principle of national treatment, i.e. non-discriminatory treatment
regardless of nationality, is one of the pillars of the liberalization of the
world economy. It is a well established legal standard, used in international
treaties and other multilateral instruments.
There should be no difference of treatment between national entities and
foreign-owned entities based in the country (or international organisation)
funding the R&D. Exceptions may be considered for narrowly focussed,
clearly defined national military programmes. Non-discriminatory treatment
should be the aim. Multilateral action should be taken to remove conditional
national treatment based on performance requirements such as local content,
manufacturing and/or export requirements, as a condition of eligibility.
The only test for participation in government-funded R&D programmes should
be whether the companies' participation confers a general economic benefit to
the funding country, regardless of the nationality of such companies.
5.3 Ownership and exploitation of results of joint R&D programmes
The success of government sponsored R&D programmes depends on the ability
of such programmes to attract participants with leading edge research and
development capabilities.
The following conditions will create an environment in which participants with
significant R&D activities and important intellectual property rights (IPR)
are protected when joining government-sponsored joint R&D programmes:
- Background IPRs and information (i.e. previously existing IPR and
information relevant to the joint R&D project) should be adequately
protected;
- Ownership of IPR resulting from the joint R&D project (i.e. foreground
IPR) resides with the participant responsible for the protected invention or
creation. In the event that the creation or invention was developed by more
than one participant, the IPR should be owned jointly, with each owner free to
exploit or license the IPR outside of the project group, as it deems
appropriate for its own business interests;
- Participants in the project should be free to assign ownership of
foreground IPR and to transfer foreground information to affiliated companies;
- Each participant should be free to exploit and-license its own IPR as it
deems appropriate without the requirment of mutual accounting to the other
participants;
- Compulsory licensing requirements should be avoided for both background and
foreground IPR and information, except that participants should be freely
licensed with respect to each other's foreground IPR.
5.4 Open cooperation in application solutions
An extraordinary effort is needed to accelerate the development by industry of
new applications, which are a critical factor in the entire process of
development of an advanced information infrastructure.
The content, approach and timing of applications will condition the shape and
speed of growth of the Information Society.
Since Information Society is based on the principle of global communication,
international cooperation should be encouraged to move beyond traditional
R&D fields and to expand into the area of new applications.
This means that:
- Cooperation among companies from different countries for application
development should be encouraged. One way to promote cooperation is for
governments to pro cure applications through open tender. Preference should be
given to application projects, that satisfy certain basic requirements:
- promotion of the general interest at a global level, by highlighting the
advantages of international cooperation;
- involvement of different players from different countries;
- respect for the different interests of the different players involved in
the initiative;
- promotion of global multimedia service networks which respect
internationally agreed standards and regulatory frameworks for
interoperability, privacy and data security and protection of intellectual
property rights;
- immediate implementation using existing resources, networks and
technologies, to demonstrate that the Information Society is a reasonable goal
for the present rather than for the future;
- Governments should create institutional communication channels with public
authorities in other countries to ensure maximum circulation of information on
the start-up of new R&D programmes and new applications used by governments
for the information superhighways;
- Initiatives set up by providers and users in the private sector for the
development of new applications should be encouraged.
5.5 Recommendations:
- Access to government funded R&D and application development programmes
should be open to all entities contributing to the general economic benefit of
the funding country or international organisation.
- For access to government funded R&D and application development
programmes non-discriminatory treatment should be the aim. Multilateral action
should be taken to remove conditional national treatment based on performance
requirements such as local content, manufacturing and/or export requirements,
as a condition of eligibility.
- Specific conditions should be created for protection of participants with
significant R&D activities and important IPR, when joining
government-sponsored joint R&D programmes.
- Governments should promote cooperative applications procured through open
tender, which satisfy certain basic requirements, as specified in this paper.
- Governments should create institutional communication channels with public
authorities in other countries to ensure maximum circulation of information on
the start-up of new R&D programmes and new applications for the information
superhighways.
- The private sector should not be prevented by government policy from
developing privately-financed, multi-national consortia to develop the new
technologies and applications for the Information Age.
The key to development of the GII is open markets that enable real competition;
that are receptive to foreign investment and to worldwide suppliers of goods,
services, and content; and that stimulate innovation, and promote economic
development.
Governments can best contribute to building the GII by promoting an environment
of open competition. This involves eliminating the regulatory, trade,
investment, and other barriers that stifle competition. Because the evolving
GII involves not only the telecommunications sector, but also service providers
and manufacturers of the hardware and software that create the physical
networks, and the creation of content in its many forms, all these sectors must
be open and competitive. Governments can also enhance market access through a
commitment to national treatment, that should apply to all investors. A country
that seeks to limit access to these markets will slow the rate of growth of its
infrastructure and deprive its companies and citizens of the best products and
services at the best price and undercut its competitiveness and quality of
life. The -progress made at the General Agreement on Tariffs and Trade/World
Trade Organization (GATT/WTO) Uruguay Round is a good foundation for further
progress.
6.1 Need for Telecommunications Liberalization
Telecommunications liberalization is essential for promoting the open markets
required for the GII. Where state monopolies exist, privatisation and reduced
regulation should be pursued as rapidly as possible.
The global information technology industry is highly competitive and has a
history of rapid technology advancement combined with continual improvements in
price for performance. Expansion of regulations and maintenance of current
barriers would be inappropriate for this industry, stifling investment and
innovation and reducing consumers choice. Instead, the competitive information
technology industry should serve as the model for a liberalized
telecommunications marketplace. Reduction or elimination of telecommunications
regulations will lead to faster deployment of the GII and are a necessity to
satisfy the growing needs of global customers for end-to end solutions and
services.
Existing telecommunications regulations should be changed or eliminated to
promote market access and competition. Some particular opportunities include:
- Elimination of monopolies. State-owned or state-sanctioned monopolies
should be eliminated.
- Equal access and interconnection. Competing telecommunications services and
equipment providers must have the right to interconnect to public
telecommunications transport facilities on equivalent terms and conditions.
- Market based pricing. Rates for network components and services provided by
dominant telecommunications carriers should reflect the cost of providing the
component or service and should not contain subsidies.
- Separate regulatory authority. Regulatory authorities should be separate
from the providers that they regulate and should operate in an open and
transparent manner.
- Cross-border roaming. The GII will become a reality only if wireless
communications devices are able to operate across national borders.
6.2 Eliminating Barriers
The elimination of trade, investment, technical, and other barriers that hinder
or prevent foreign competition must be a high priority for governments that
want to promote the GII and enjoy its benefits. These barriers include trade
barriers that hinder imports and exports; investment barriers that hinder both
internal and external foreign investment, and other government barriers that
discriminate against foreign suppliers.
6.2.1 Tariffs
While significant progress has been made through existing agreements, most
notably GATT, substantial impediments remain in areas such as tariff
elimination and customs administration. To achieve the market access necessary
to build the GII, all tariffs affecting information technology[2] and
telecommunications technology products and components, including semiconductors
must be eliminated.
6.2.2 Export Controls
Governments should recognize that export control policies can create major
market access disincentives for the GII. Export controls must be relaxed or
eliminated, including those on very sophisticated new systems such as massively
parallel computers - which are ideally suited for serving the technology needs
of the GII. As a preliminary step, governments should consider eliminating all
computer and telecommunications export controls for the GII's largest markets,
the Organization for Economic Cooperation and Development (OECD) countries.
6.2.3 Investment Barriers
Discriminatory investment barriers must be eliminated. The G-II will require
massive investment, both domestic and foreign, much of it in the service
sector. Common investment impediments include lack of national treatment,
screening of foreign investment, restrictions on foreign service providers,
market reservations, performance requirements, and domestic manufacturing
requirements. Agreement on eliminating certain investment impediments was
reached in the Trade Related Investment Measures (TRIMs) chapter of the Uruguay
Round. While this was a step forward, it does not address many investment
barriers. A broader effort to address investment barriers, many of which are
impediments to the GII, has been initiated in the OECD and other fora. We urge
support for initiation of negotiations in the OECD for a Multilateral
Investment Agreement (MIA) that would provide a framework, including dispute
resolution, for internal investment.
6.2.4 Other Market Access Barriers
Other government policies and practices also contribute to restricting market
access, including discriminatory standards and certification procedures,
discriminatory procurement practices; lack of open and transparent procedures
and regulations such as the lack of harmonized trade-related administrative
practices; absence of protection for intellectual property rights and
licensing; restrictions on transborder data transmission (including billing);
and transborder movement of people.
These and similar government barriers should be eliminated as soon as possible,
in order to promote the free flow of goods and services on which the GII
depends.
6.3 Value of Multilateral Agreements and Regional Developments Banks
Multilateral agreements are an important mechanism for promoting market access
and should be expanded. As mentioned, the provisions of and signatories to the
GATT/WTO trade agreements should be broadened and OECD MIA negotiations
initiated and concluded. In addition, the progress achieved by regional
multi-lateral organizations such as Asian Pacific Economic Cooperation forum
(APEC) and North American Free Trade Agreement (NAFTA) should be accelerated.
Regional trade organizations should employ GATT/WTO consistent market access
polices.
Regional development banks, including the World Bank, the Inter-American
Development Bank, the Asian Development Bank, African Development Bank and
United Nations Development Pro gram should be encouraged to play a key role in
promoting market access in countries receiving their assistance. The banks can
do this by using their financial and technical resources to leverage the
expansion of free and open markets in the economies they assist and by making
the development of information infrastructures a high priority in these
projects.
6.4 Recommendations
In order to develop the GII:
- The telecommunications sector must be liberalized;
- Customs tariffs for information technology and telecommunications
technology products and components as well as semiconductors must be abolished;
- Export controls for information technology and telecommunications
technology products should be eliminated at least for GII's largest markets,
the OECD countries;
- Discriminatory investment barriers and procurement practices as well as
technical barriers to access must be eliminated;
- Procedures and regulations have to be open and transparent and trade
related administrative procedures should be harmonized consistent with GATT/WTO
policies;
- The provisions and signatories to the GATT/WTO trade agreements should be
broadened; OECD MIA negotiations should be concluded; and regional development
banks should play a key role in promoting market access.
1 Although the ITU is a treaty based organization, it too relies on private
sector consensus to develop its voluntary recommendations.
2 Information technology includes computers, computer assemblies,
subassemblies, parts and components and computer software media.
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